Gulshan Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49466 of 2021 Arising Out of PS. Case No.-5 Year-2021 Thana- PUPRI District- Sitamarhi ====================================================== Gulshan Khatoon Wife Of Late Dil Mohammad Ansari @ Dilmahmad Ansari Resident Of Village - Balha Maksudan, P.S. - Pupri, District - Sitamarhi. ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-01-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in connection with Pupri P. S. Case No.05 of 2021, instituted for the offences under Sections 302, 201/ 34 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is in custody since 22.04.2021, he is a person with clean antecedent, charge-sheet has been submitted in the case and is a female aged about 58 years.

The learned counsel for the petitioner submits that the informant alleges that his mother went to see her field on 04.01.2021 as she had come to know that the named accused persons including the petitioner were cutting crops from her field, when the mother of the informant did not return, the

Patna High Court CR. MISC. No.49466 of 2021(2) dt.27-01-2022 2/3 informant searched her on 04.01.2021 and 05.01.2021, but could not locate her and on 06.01.2021, the dead body of the mother was found. Thus, based on suspicion alleges that the named accused persons including the petitioner might have killed his mother as her mother had left for the field on coming to know that the petitioner and other named accused persons were cutting the crops.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case and the entire allegation is based on suspicion. The informant is not an eye witness to the occurrence and the petitioner is a lady. The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody since 22.04.2021, she is a person with clean antecedent, chargesheet has been submitted in the case, the petitioner is a woman, the allegation is based on suspicion and the informant is not an eye witness to the occurrence, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Pupri, Sitamarhi in

Patna High Court CR. MISC. No.49466 of 2021(2) dt.27-01-2022 3/3 connection with Pupri P. S. Case No.05 of 2021. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T